Bill > S4535

Introduced Session

This bill eliminates the presumption of pretrial release for defendants charged with a sex offense or certain violent crimes that were committed using a deadly weapon. Under P.L.2014, c.31, also known as the Criminal Justice Reform Law, criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Currently, the Criminal Justice Reform Law establishes a presumption for some form of pretrial release, except with respect to an eligible defendant charged with: murder; a crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment; or the theft of or unlawful taking of a motor vehicle or receiving stolen property where the property involved is a motor vehicle under certain circumstances; receiving stolen property where the property involved is a motor vehicle; or a crime under any statute of the United States, this State, or any other state that is substantially equivalent. Under the bill, the presumption of pretrial release also would not apply to an eligible defendant charged with: a crime of the first or second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), commonly referred to as the No Early Release Act, which involves the use of a deadly weapon; or a sex offense, as defined under Megan's Law pursuant to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2). The applicable crimes enumerated under the No Early Release Act include, but are not limited to: murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; aggravated sexual assault; sexual assault; robbery; carjacking; aggravated arson; burglary; extortion; booby traps in manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; home invasion burglary; or residential burglary. "Deadly weapon" is defined to mean any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.

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Paul Moriarty (D)*,  Kristin Corrado (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/29/2025)

Official Document